Areas of Expertise

Al-Hossam Legal has decades of experience in a wide array of agency, distribution, and franchise matters and regularly assists clients (acting for principals, manufacturers, and franchisors as well as for agents, distributors, and franchisees) in the negotiation and drafting of agreements which present high-stakes issues for local, national, and international businesses. We know what can go wrong, and we are able to guide our clients so they mitigate their legal risks from the beginning.

We also handle court disputes and arbitration proceedings which relate to the mandatory Kuwaiti law of compensation granted to local agents, distributors, and franchisees on termination or expiry of relationships and de-registration of the agreement with the Commercial Agency Register with the MOCI. 

The firm focuses on the following services:

• Agency, distributorship, and franchise agreements.
• Co-operation and dealer agreements.
• Joint venture agreements.
• Logistical related services agreements.
• Sponsorship agreements. 
• Trademark and technology licenses.
• Advice on impact of mandatory local laws.
• Advice on tactics that can be employed to deal with implication of local laws.
• Advice on registration and deregistration in the Commercial Agency Register.
• Taxation of principals, manufacturers, and franchisors.
• Agency, distribution and franchise court litigations and arbitration proceedings.

 Al-Hossam Legal has years of experience representing local and international banks and financial institutions in a wide range of conventional and Islamic banking and finance-related matters.

The firm focuses particularly on the following services:

• Structuring, documentation, and negotiation of syndicated, bilateral, senior, secured and subordinated finance and new banking products.
• Project finance.
• Acquisition and leveraged finance.
• Asset-based lending and finance leasing.
• Aviation finance.
• Financial disputes.
• Financial products and payments.
• Financial regulation.
• Infrastructure and project finance.
• Derivatives, hedging, ISDA and related treasury documentation.
• Shariah compliant hedging products. 
• Real estate finance.
• Restructuring and insolvency.
• Trade finance and factoring.
• Enforcement and asset recovery.
• Incorporation of banks and branches of foreign banks.
• Central bank and regulatory compliance.
• Takeover of public banks. 

Islamic Finance

We have global expertise in Islamic finance, and we are a leading choice for Islamic banks and Shari`ah compliant corporations. We understand the Shari`ah principles very well and have an excellent track record at using innovative structures that overcome concerns of Shari`ah scholars. Al-Hossam Legal has led many Shari`ah compliant transactions in the    

region, as well as in Europe and the US. Hossam Abdullah has been named as one of the World’s Leading Lawyers in “Islamic Finance”, and among the 30 “Best of the Best” lawyers worldwide by IFLR.

Al-Hossam Legal is the leading capital markets practice in Kuwait, with extensive expertise in all capital market matters. We advise capital markets clients (CMA licensed entities, issuers, managers, underwriters, bookrunners, placement agents, etc.) on a full range of legal services including regulatory and compliance advice and structuring, documentation, and negotiation of capital market transactions.

The firm focuses particularly on the following services:

• IPOs.
• Rights issues.
• Listing.
• Mergers and reverse mergers.
• Acquisition, MTO, auction, off-market trades.
• Minority protection rights.
• Trading rules.
• Issuance of Bonds & Sukuk.
• Regulatory and disciplinary investigations. 
• Mutual funds (investment, money market, real estate, REITS, traded funds, private equity, fund of funds).
• Structured products & hybrid instruments.
• Regulatory compliance advice.
• Regulatory license.
• Securities offerings, exemptions, reverse solicitations, and tolerated market practice.
• Corporate governance and training of management.
• Public disclosures requirements and drafting.  
• Capital market regulatory investigation and disciplinary hearings.
• Capital market litigation.

Al-Hossam Legal provides full legal services for construction and procurement matters on behalf of owners, developers, contractors, suppliers, facility managers, engineers, and architects on all types of public, infrastructure, and private projects. 

The firm focuses in particular on the following services:

• Site selection, land use, and zoning.
• Licensing requirements.
• Acquisition and security on title.
• Corporate and project finance. 
• Preparation of project documents (pre-qualification documents, bidding documents, and other front-end materials).
• Review and advice on tenders and auctions requirements by the Central Agency for Public Tenders (CAPT) and other tendering ministries, public agencies, companies, contracts, sub-contracts, documentations, and local laws.
• Negotiating agreements for design, construction, supply, and project management. 
• Advice on issues of performance and contractual compliance.
• Pursuing and defending claims involving construction defects, design defects, bid protests, change orders, architectural errors, warranty, decennial liability, payment bonds, and insurance. 
• Dispute services, including dispute boards, expert determination, mediation, conciliation, arbitration, and litigation.

On a daily basis Al-Hossam Legal assists clients on a full range of corporate and business matters. We assist publicly owned, privately held, and family owned businesses in all stages of business development and operation.

The firm focuses particularly on the following services:

• General corporate matters dealing with all aspects of company and business laws.
• Entity selection and incorporation of all types of businesses and companies in Kuwait, plus branches and representative offices of foreign companies.
• Organization, formation, capitalization, structuring issues, and corporate restructuring.
• Preparing and negotiating shareholder agreements and joint ventures.
• Incorporation of companies and registration with local authorities.
• Conducting legal due diligence reviews.
• Management, control, and corporate governance issues including instituting procedures, best practices, and duties for boards of directors and officers.
• Drafting board resolutions and shareholders’ meeting minutes, assisting with shareholders’ assembly planning, advice on minority rights and disputes.
• Drafting and analysing all business, services, and employment documentation. 
• Drafting all corporate policies and procedures required under Kuwaiti laws. 
• Reorganizations, mergers, acquisitions, spin-offs and dispositions, from the initial structuring and negotiating to the documenting and closing. 
• Incorporation of subsidiaries, branches and divisions.
• Transfer of shares, business and assets. 
• All corporate compliance issues, including regulatory compliance. 
• All securities, CBK, CMA and Boursa Kuwait compliance and public disclosures. 
• Taxation compliance, exemptions and disputes. 
• Training management on major corporate and regulatory compliance for public companies. 

Al-Hossam Legal regularly advises foreign and international corporations on setting up their business in Kuwait, or about forming business relationships with Kuwait. Doing business in Kuwait by foreign client (non-Kuwaiti or GCC) can be set up in the form of a contractual business relationship by appointing a local agent, distributor, or franchisee. Foreign corporations can also own up to 49% of a shareholding interest in a new or existing Kuwaiti corporate entity, or freely invest in public shares traded on Boursa Kuwait either directly through their own trading account or via a securities portfolio operated by a CMA licensed asset manager. Kuwait also offers a direct investment law allowing foreign companies to incorporate an investment entity that is owned 100% by foreign investors or a branch in Kuwait through the Direct Investment Promotion Authority (KDIPA). This arrangement is allowed for the purpose of direct investment upon satisfying certain scoring and evaluation criteria that assesses the transfer and settlement of technology, human capital, market development, economic diversification, and sustainable development. Under the direct investment scheme the investment entity will enjoy certain incentives, guarantees, and exemptions from income tax, and from customs duties on imports, for ten years.

Al-Hossam Legal is accredited by KDIPA to apply for a direct investment license on behalf of investors. 

The firm focuses particularly on the following services:

• Advice on all aspects of doing business with or in Kuwait. 
• Background information on all legal aspects affecting the client’s investment and local parties to the business relationship.
• Advice on the most efficient legal and tax structures.
• Reviewing and assessing concepts and business plans for direct investment projects to be licensed by KDIPA.
• Liaising with KDIPA for the investment license. 
• Incorporation of entities and registration with local authorities (corporate file, labour file, import and export license, and other activities licenses).
• Review and advice on tenders and auctions requirements by the Central Agency for Public Tenders (CAPT) and other tendering ministries, public agencies, companies, contracts, sub-contracts, documentations, and local laws.
• Advice on rules relating to import, export, foreign exchange, remittance of funds, and employment.
• Drafting all business operation and procurements contracts.

As integral part of its services Al-Hossam Legal provides corporate clients with comprehensive employment legal advice, and supports H.R. departments on all legal issues and disputes arising in relation to employment matters.

The firm focuses particularly on the following services:

• Advice on all aspects of employment law in the private and oil and gas sectors.
• Advice on new and evolving court precedents.
• Drafting employment contracts (fixed term and open term), temporary employment contracts, and secondment arrangements for all categories of staff including directors and senior executives.
• Drafting policies, procedures, and employee handbooks. 
• Drafting ESOP and other tailor made incentive plans and related documentation.
• Advice on redundancy programmes, changing terms and conditions, and transfer of employment.
• Disciplinary, dismissal and grievance procedures, and settlement negotiations.
• Handling employment disputes before labour authorities and courts, from termination and bonus claims to protecting trade secrets, confidential information, and competition restrictions.

Al-Hossam Legal provides advisory and litigation services and experts to deal with financial and white-collar crimes, regulatory bodies, and cross-border issues in multiple jurisdictions, from initial legal and strategic advice to effective advocacy before local authorities and courts. The firm also provides preventive legal advice and procedures to avoid violation of local laws.

The firm focuses particularly on the following services:

• Corporate and business misuse of funds, business fraud, breach of trust (embezzle­ment), and dishonoured cheques.
• Internal investigations into potential violations of regulations or criminal law, and providing legal and remedial advice.
• Investigations conducted by regulatory bodies.
• Local and international asset tracing, plus freezing injunctions in relevant jurisdictions.
• Advising on anti-money laundering (AML), combating the financing of terrorism (CFT), and whistle-blower protections and related issues.
• Advice on compliance with anti-corruption laws.

Court Proceedings

Al-Hossam Legal has a top tier commercial litigation practice, lauded for its depth of talent and track record. We typically do not handle small claims other than for clients with annual engagementswith the firm. Our Kuwaiti lawyers have rights of audience before all types of Kuwaiti courts and are supported by a technical litigation team with more than four decades of litigation experience. 

The firm successfully received new court precedents changing the traditional interpretation of law in a number of cutting-edge and complex banking, corporate, commercial, capital market, and construction litigations.

We discourage litigation and do our best to persuade our clients to compromise whenever we can. Although the firm is selective of its clients and litigation matters, we handle litigations with passion, a proactive approach, and a personal touch. Before commencing any litigation proceedings we provide clients with an honest, transparent, and comprehensive legal assessment and strategy plan to manage their expectations of the counter-parties’ defences and claims, the end result, cost, and timeline. 

Our clients include banks, investment managers, public companies, corporations, and high-profile family run companies.  

The firm focuses particularly on the following court proceedings services:

• Shareholders, corporate related issues and joint venture disputes, including minority rights.
• Franchise, agency and distributorship disputes.
• Capital market disputes and challenges, investigations, grievance and disciplinary procedures.
• Construction disputes.
• Taxation disputes, including regulatory objections and appeals to tax appeal committees.
• Performance bonds, guarantees, and indemnities.
• Banking debt recovery claims.
• Collateral enforcement and foreclosure.
• Enforcement of domestic and foreign arbitral awards.
• Sale of commodities and international trade.
• Discovery evidence, anti-suit injunctions, and attachment orders.
• Governmental contract disputes.
• Shipping and aviation claims.
• Insurance disputes.
• Family trust and inheritance disputes. 
• Second opinions for clients on existing litigations handled by other reputable law firms in Kuwait.

Arbitration - Local, Regional, and International

Al-Hossam Legal provides expertise in commercial arbitration disputes and proceedings in Kuwait, GCC and Europe, including under the rules of the world’s leading arbitral institutions (ICC, LCIA, DFIC, ICSID), in ad hoc (UNCITRAL) and judicial arbitrations.

The firm focuses particularly on the following arbitration services:

• Shareholders, corporate related issues, and joint-venture disputes.
• Franchise, agency, and distributorship disputes.
• Construction disputes.
• Performance bonds, guarantees and indemnities.
• Banking debt recovery claims.
• Collateral enforcement and foreclosure.
• Enforcement of domestic and foreign arbitral awards.
• Sale of commodities and international trade.
• Discovery evidences, anti-suit injunctions, and attachment orders.
• Governmental contracts disputes.
• Shipping and aviation claims.
• Insurance disputes.
• Family trust and inheritance disputes. 
• Expert witness evidence for legal issues under Kuwaiti law.
• Private international law issues and conflicts of law.
• Bilateral investment treaty claims.
• Jurisdictional advice (choice of arbitration venues, arbitration clauses, and agreements).

Al-Hossam Legal assists private clients and family-controlled businesses with solid and efficient advice on the structure of their wealth locally and internationally while complying with Shari`ah mandatory principles. 

The firm focuses particularly on the following services:

• Family conflict management.
• Drafting and negotiating family agreements and notarized succession planning documentation.
• Tailor-made local corporate and trust documentation or offshore trust structures to ensure seamless control and succession.
• Advice on Shari`ah legal and tax issues relating to inheritance and wills.
• Drafting Kuwaiti and offshore governed agreements and documentation.

Al-Hossam Legal provides full legal services on all types of privatization and public private partners, infrastructure, and private projects, and also assists project sponsors and developers, bilateral and syndicated lenders, equity investors, operators, and contractors with a full range of PPP legal services. 

The firm focuses particularly on the following services:

• Public tender and bid preparation.
• Structuring PPPs & concession agreements.
• Concession of assets.
• Project finance structuring, and drafting of finance documentation and security packages. 
• Advice on tax issues, regulatory and compliance matters.
• Preparing a risk allocation matrix.
• Drafting project agreements including Articles of the SPV and project company, shareholder agreements, EPC, O&M and PPA.
• Assisting with contracts and compliance during operation.
• IPO and listing.

Al-Hossam Legal assists private and institutional investors, fund managers, banks, and developers on a full range of property investments and development projects throughout the life cycle of the investments and projects.

The firm focuses particularly on the following services:

• Establishment and licensing of real estate companies.
• Property acquisition and disposals.
• Real estate investment and development.
• Real estate portfolios.
• Alternative real estate investment classes.
• Real estate finance.
• Real estate funds and REITs, including R.E. traded funds. 
• Real estate asset management.
• Real estate dispute resolution.
• Commercial, retail and industrial leasing.
• Operation lease.
• Finance lease.
• Construction and procurement.

Al-Hossam Legal has decades of experience in providing comprehensive advisory and litigation services for the full spectrum of Kuwaiti domestic tax laws and bilateral taxation treaties. We are well versed in the details of taxation issues, evolving court precedents, and tax authority trends.

The firm focuses particularly on the following services:

• Corporate income tax for foreign entities doing business in or with Kuwait. 
• Advice on tax efficient corporate structure.
• Arranging for a KDIPA license for a 10-year tax exemption on direct investment. 
• Reviewing contracts for a tax efficient operation.
• Advising local companies on Zakat and National Labour Support Tax.
• Assisting clients on tax planning.
• Representing clients in negotiation with local tax authorities.
• Representing clients in tax objections before local tax authorities, and processing up to the Tax Appeal Committee.
• Representing clients in all tax disputes and litigation.